Court No. - 4
Case :- WRIT - C No. - 24228 of 2019 Petitioner :- Vindhya Stone Product Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Madan Lal Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no.1, 2 and 3.
From perusal of the averments made in the writ petition and the documents appended thereto it transpires that petitioner has already filed his reply on 16.7.2019 (annexure no.5 to the writ petition) before the respondent no.2 in response to the impugned show cause notice dated 29.6.2019 (annexure no.4 to the writ petition) issued to him by the respondent no.3.
The grievance of the petitioner is that although the respondent no.2 has not passed any order on the petitioner's reply on the other hand respondent no.3 is putting pressure on the petitioner to deposit the amount mentioned in the show cause notice failing which the earnest money deposited by him with the respondents shall be adjusted towards the demanded amount.
It has been contended by learned counsel for the petitioner that direction be issued to the respondent no.2 to pass appropriate order on the reply dated 16.7.2019 submitted by the petitioner before him in response to the show cause notice issued to him by the respondent no.3.
Having heard learned counsel for the parties, we find that although the show cause notice has been issued to the petitioner by the respondent no.3 but the petitioner has filed his reply before the respondent no.2. The petitioner ought to have filed his reply before the respondent 3, who has issued the impugned show cause notice.
In view of the above, without expressing any opinion on merits, we dispose of this petition with liberty to the petitioner to file his reply in response to the impugned show cause notice dated 29.6.2019 before the respondent no.3 along-with certified copy of this order within one week from today. In case any such reply is filed by the petitioner before the respondent no.3 within the period stipulated hereinabove, he shall examine the same and pass appropriate order thereon within a further period of two weeks from the date of filing of petitioner's reply before him.
For a period of four weeks from today or till respondent no.3 takes a decision on the petitioner's reply, whichever is earlier, the respondents shall not adjust the earnest money deposited by the petitioner towards the amount demanded by the impugned show cause notice dated 29.6.2019.
Office is directed to supply copy of this order to learned Standing Counsel, within twenty four hours.
Order Date :- 25.7.2019 Pramod Tripathi